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(영문) 대전지방법원 2012.12.14 2011고단5538

사기등

Text

Defendant shall be punished by imprisonment with prison labor for two months and for two months for the remaining crimes as stated in the judgment of the case No. 2012 Highest387.

Reasons

Punishment of the crime

[B] On January 14, 2009, the Daejeon High Court sentenced the Defendant to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on April 9, 2009, which became final and conclusive on April 9, 2009, and paroled on November 30, 2009 during the execution of the sentence and imposed the above parole period on March 4, 2010.

[2011 Highest 5538]

1. On May 20, 2010, the Defendant against the victim F, who was trying to sell a G BMW vehicle in the street near the YW (IC) in the vicinity of the YYYY (IC), the Defendant: (a) around May 20, 2010, received a sales contract, etc. for the transfer of the purchase price to the account by the president, on the following grounds: (b) the victim F, who was working in the Republic of Korea after the vehicle, could not transfer the vehicle price immediately to the president of the HA; and (c) the president would show his difference to the president in Gwangju and transfer the purchase price to the account without making a crypting agreement, etc. for the transfer of the commercial vehicle according to the transfer of the said vehicle.

However, even if the above vehicle is transferred by the victim, there is no intention or ability to normally purchase the vehicle.

After deceiving the victim and taking over the above vehicle, the Defendant, even though he received 13.8 million won from the president of H Co., Ltd., the Defendant, who received the said vehicle from the victim, was taking property gains equivalent to that amount by not paying it to the victim.

2. On August 17, 2010, the Defendant said that “A victim I who purchased the said vehicle from F in the parking lot of the Mine-gu J Research Institute in the mining area under the said paragraph (1) shall be liable for and sold within the G BMW vehicle and pay the price to the victim I immediately.”

However, even if the above vehicle is received from the victim, there was no intention to pay the purchase price normally.

The defendant deceivings the victim as above, and is about 15 million won on the day from the victim.